Custody cases are the hardest cases in family law because the stakes are your children. The good news is that Alaska courts start from the position that children do best with meaningful time with both parents, and most cases end with a parenting plan both sides can live with.
Kaden helps parents in divorce and in cases between parents who were never married. He also handles modifications when a plan that used to work no longer does.
Legal custody and physical custody
Alaska separates custody into two parts. Legal custody is the right to make major decisions about your child: school, medical care, religion. Physical custody is where the child lives and when. Shared legal custody is common. Physical custody ranges from equal time to primary custody with one parent and visitation with the other.
Every custody order includes a parenting plan that sets the regular schedule, holidays, summer, transportation, and how the parents communicate. A vague plan causes problems later. A specific one prevents them.
How Alaska courts decide custody
The standard is the best interests of the child. Alaska law lists the factors a judge must weigh, including each parent's ability to meet the child's needs, the child's preference if the child is old enough to form one, the love and affection between child and parent, stability, each parent's willingness to support the child's relationship with the other parent, and any history of domestic violence or substance abuse.
A parent who badmouths the other parent, withholds the child, or refuses to communicate hurts their own case. Kaden will coach you on what helps and what hurts from the first meeting.
Child support in Alaska
Alaska calculates child support under Civil Rule 90.3, a formula based on the paying parent's adjusted income and the custody arrangement. Shared custody (each parent has the child more than 30 percent of overnights) uses a different calculation than primary custody. The formula is mandatory, but income disputes, self-employment, and unusual expenses can all change the result.
Modifying a custody or support order
A custody order can be changed when there has been a substantial change in circumstances and a modification is in the child's best interests. A parent relocating, a change in a child's needs, or a parent's failure to follow the plan are common reasons. Support can be modified when income changes enough to move the calculation by 15 percent or more.
Kaden did a great job representing me in my divorce.
“Incredibly knowledgeable, thorough, and detail-oriented. What really stands out is his honesty and integrity.”
Child Custody questions
At what age can a child choose which parent to live with in Alaska?
There is no set age. Courts consider a child's preference once the child is old enough to form a meaningful one, and give it more weight as the child gets older. A teenager's preference carries real weight; a young child's does not decide the case.
Can I move out of state with my child?
Not without the other parent's agreement or a court order if there is an existing custody order. A move that would disrupt the other parent's time is a substantial change in circumstances, and the court will decide whether the move is in the child's best interests.
Do unmarried parents have the same rights?
Yes, once paternity is established. Custody and support between unmarried parents are decided under the same standards as in a divorce.
Where we help with child custody
Kaden handles child custody matters for clients in Wasilla, Palmer, Anchorage, and the Mat-Su Valley. See all family law services.